Living trusts

Living trusts across San Diego County

A living trust is the most effective way for San Diego homeowners to keep real property out of probate court and out of the public record. We match San Diego County residents with vetted, licensed estate-planning attorneys who draft a revocable living trust tailored to your assets, family structure, and goals, then fund the trust by transferring your real property into it so it actually works at your death.

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Estate-planning attorney reviewing a living trust document with a San Diego County couple at a law office desk

What's included in this service?

Draft a revocable living trust naming you as trustee during your lifetime and a successor trustee to step in at incapacity or death
Prepare a pour-over will to catch any assets not transferred into the trust and direct them into the trust through probate
Record a grant deed transferring real property from you as an individual to yourself as trustee of your living trust
Review and update beneficiary designations on retirement accounts, life insurance, and bank accounts to coordinate with the trust
Draft a certificate of trust for use with financial institutions and title companies without disclosing the full trust terms
Walk you through the trust funding process so no asset is accidentally left outside the trust at your death

When do you need this service?

You own real property in California and want to keep it out of probate at your death
Your estate exceeds California's $184,500 probate threshold (2024), which applies to gross asset value, not equity
You have minor children or a blended family and want to control how assets are distributed after you are gone
You are concerned about privacy, since a will filed in probate becomes a public court record
You have a family member with special needs whose government benefits could be affected by a direct inheritance

What do homeowners ask about Living trusts?

What does a living trust do that a will does not?

A living trust transfers assets to your heirs by trustee action, outside of probate court, in a matter of months. A will must go through California probate, which takes a minimum of 12 months, becomes a public court record, and costs statutory attorney and executor fees set at a percentage of the gross estate. For a San Diego homeowner, a living trust is typically the more practical and cost-effective choice.

How much does a living trust cost in San Diego?

A basic revocable living trust package for an individual, including the trust, pour-over will, power of attorney, and advance health directive, typically runs $1,500-$3,500 with an estate-planning attorney in San Diego. A couple's package runs $2,000-$4,500. Complex estates with irrevocable trusts, business interests, or Medi-Cal planning cost more. The attorney your matched with confirms a flat fee after the free initial consultation.

Do I need to transfer my house into the trust myself?

Your property must be titled in the name of the trust, not in your individual name, for the trust to avoid probate on that property. The attorney records a grant deed transferring the property from you as an individual to yourself as trustee of your living trust. This is called funding the trust. Skipping this step is the most common reason a living trust fails to avoid probate at death.

Can I change my living trust after it is signed?

Yes. A revocable living trust can be amended or fully restated at any time while you are alive and have legal capacity. Common reasons to update a trust include a marriage, divorce, birth of a child or grandchild, death of a named trustee or beneficiary, or a significant change in assets. The attorney drafts a trust amendment or restatement to reflect the change without creating a new trust.

Are the estate-planning attorneys you match licensed in California?

The estate-planning attorneys we match are licensed members of the State Bar of California. You can verify any California attorney license at calbar.ca.gov before signing a fee agreement. Trust Law SD is a referral service and is not a law firm.